HomeMy Public PortalAboutCity of Webster GrovesTHE CODE OF WEBSTE R GROVES
Stream Buffer Protection Chapter 83
CHAPTER 83. STREAM BUFFER PROTECTION REGULATIONS
Section 83.010. Title.
This Chapter shall be known, referred to and recited as the “Stream Buffer Protection
Regulations” of the City of Webster Groves.
Section 83.020. Purpose and Intent.
a. Purpose: The purpose of this Chapter is to protect the public health, safety,
environment and general welfare; to minimize public and private losses due to
erosion, siltation and water pollution; and to maintain stream water quality by
provisions designed to:
1. Create buffer zones al ong the streams of Webster Groves for the
protection of water resources; and
2. Minimize land development within such buffers by establishing
buffer zone requirements and by requiring authorization for any
such activities.
b. Intent: Stream buffers are necessary to protect the integrity of stream
ecosystems and habitats. Stream buffers also protect development by
maintaining the integrity of the natural storm water drainage systems. Natural
streams meander and change their channel over time, and structures b uilt too
close to a stream are at risk, or may require expensive remedial protection.
Stream Buffers provide numerous benefits including:
1. Protecting, restoring and maintaining the chemical, physical and
biological integrity of streams and their water resources;
2. Removing pollutants delivered in urban stormwater;
3. Reducing erosion and controlling sedimentation;
4. Protecting and stabilizing stream banks;
5. Providing for infiltration of stormwater runoff;
6. Maintaining base flow of streams;
7. Contributing organic matter that is a source of food and energy for
the aquatic ecosystem;
8. Providing tree canopy to shade streams and promote desirable
aquatic habitat;
9. Providing riparian wildlife habitat;
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10. Furnishing scenic value and recreational opportunity; and
11. Providing opportunities for the protection and restoration of
greenspace.
Section 83.030. Definitions.
For the purpose of this Chapter, the following terms, phrases, words, and their
derivations shall have the meanings given herein. Where terms are not defined
by this section, such terms shall have ordinarily accepted meanings such as the
context implies. The definitions follow in alphabetical order:
Buffer: With respect to a stream, a natural or enhanced vegetated area
(established by Section 83.050 below) lying adjacent to the s tream.
Building Commissioner: The Building Commissioner of the City of Webster
Groves, Missouri or his/her duly authorized designee.
City: City of Webster Groves, Missouri.
Clearing: Any activity that removes the vegetative surface cover.
Code of Webst er Groves: The Revised Code of Ordinances of the City of
Webster Groves, Missouri as amended from time to time.
Department of Finance: The Department of Finance of the City of Webster
Groves, Missouri acting through its Director, or their duly authorized designee.
Department of Parks and Recreation: The Department of Parks and
Recreation of the City of Webster Groves, Missouri acting through its Director, or
their duly authorized designee.
Department of Planning and Development: The Department of Plannin g and
Development of the City of Webster Groves, Missouri acting through the Director
of Planning and Development, or their duly authorized designee.
Department of Public Works: The Department of Public Works of the City of
Webster Groves, Missouri acting through its Director, or their duly authorized
designee.
Erosion: The wearing away of land surface through the action of wind or water.
Grading: Reshaping the ground surface through excavation and/or fill of
material, including the resulting conditions.
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Impervious Cover: Any manmade paved, hardened or structural surface
regardless of material. Impervious cover includes, but is not limited to, rooftops,
buildings, streets, roads, decks, swimming pools and any concrete or asphalt.
Land Development: Any land change including, but not limited to, clearing,
grubbing, stripping, removal of vegetation, dredging, grading, excavating,
transporting and filling of land, construction, paving and any other installation of
impervious cover.
Land Development Activity: Those actions or activities which comprise,
facilitate or result in land development.
Land Disturbance: Any land or vegetation change, including, but not limited to,
clearing, grubbing, stripping, removal of vegetation, dredging, grading,
excavating, transporting and filling of land, that do not involve construction,
paving or any other installation of impervious cover.
Land Disturbance Activity: Those actions or activities such as clearing, grading or any
other land disturbance related work which results in removal of the natural site
vegetation and destruction of the root zone or otherwise results in leaving the ground
surface exposed to soil erosion through the action of wind or water.
Protection Area or Stream Protection Area: With respect to a stream, the
combined areas of all required buffers and setbacks applicable to such stream.
Stream Bank: The sloping land that contains the stream channel and the normal
flows of the stream. Where no established top-of -bank can be determined, the
stream bank will be the "ordinary high water mark" as defined by the Corps of
Engineers in Title 33 of the Code of Federal Regulation, Part 328.3.
Stream Channel: The portion of a watercourse that contains the base flow of the
stream.
Watercourse: A natural or artificial channel or body of water, including but not
limited to, creeks, streams, ditches and other open conveyances that carry
surface runoff water either continuously or intermittently that are identified by a
“blue line” on a United States Geological Sur vey (USGS) Map.
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Section 83.040. Applicability.
This Chapter shall apply to all land development activity on property containing a stream
protection area as defined in Section 83.030 of this Chapter. The provisions of this
Chapter shall not be deemed to nullify any provisions of City, state or federal law. When
a conflict occurs between this Chapter and any other legally adopted provision, the most
stringent shall apply.
a. Provisions for Pre -existing Conditions. This Chapter shall not apply to the following
activi ties:
1. Work consisting of the repair or maintenance of any lawful use of land
that is zoned and approved for such use on or before the effective date of
this Chapter.
2. Existing development and ongoing land disturbance activities including,
but not limited to, existing agriculture, silviculture, landscaping, gardening
and lawn maintenance, except that new development or land disturbance
activities on such properties will be subject to all applicable buffer
requirements.
3. Any land development activity that is under construction, fully approved
for development, scheduled for permit approval or has been submitted for
approval prior to the effective date of this Chapter.
4. Land development activity that has not been submitted for approval but
that is part of a larger master development plan, such as for an office park
or other phased development that has been previously approved within
two (2) years of the effective date of this Chapter.
b. Exemptions. The following specific activities are exempt from this Chapter.
Exem ption of these activities does not constitute an exemption for any other activity
proposed on a property.
1. Activities for the purpose of building one (1) of the following:
A. A stream crossing by a driveway, transportation route or
utility line;
B. Public water supply intake or public wastewater structures or
stormwater outfalls;
C. Intrusions necessary to provide access to a property;
D. Public access facilities that must be on the water, including
boat ramps, docks, foot trails leading directly to the river,
fishing platforms and overlooks;
E. Unpaved or pervious foot trails and paths;
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F. Activities to restore and enhance stream bank stability,
vegetation, water quality and/or aquatic habitat, so long as
native vegetation and bioengineering techniques are used.
2. Land devel opment activities within a right-of -way existing at the
time this Chapter takes effect or approved under the terms of this
Chapter.
3. Within an easement of any utility existing at the time this Chapter
takes effect or approved under the terms of this Chapter, land
disturbance activities and such impervious cover as is necessary
for the operation and maintenance of the utility including, but not
limited to, manholes, vents and valve structures.
4. Emergency work necessary to preserve life or property. However,
when emergency work is performed under this Chapter, the person
performing it shall report such work to the Department of Planning
and Development or the Department of Public Works, as
applicable, on the next business day after commencement of the
work. Within ten (10) days thereafter, the person shall apply for a
permit and perform such work within such time period as may be
determined by the Authority Having Jurisdiction to be reasonably
necessary to correct any impairment such emergency work may
have caused to the water conveyance capacity, stability or water
quality of the protection area.
5. Forestry and silviculture activities on land that is zoned for forestry,
silvicultural or agricultural uses and are not incidental to other land
development activity. If such activity results in land disturbance in
the buffer that would otherwise be prohibited, then no other land
disturbing activity other than normal forest management practices
will be allowed on the entire property for three (3) years after the
end of the activities that intruded on the buffer .
6. Any activities approved under a 404 permit issued by the Corps of
Engineers and 401 water quality certification issued by the Missouri
Department of Natural Resources.
After the effective date of this Chapter, it shall apply to new subdividing and
platting activities.
Any land development activity within a buffer established hereunder or any
impervious cover within a setback established hereunder is prohibited unless a
variance is granted pursuant to Section 83.060 below.
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Section 83.050. Natural Watercourse Protection.
a. Buffer Area Established: An undisturbed natural vegetative buffer shall be
maintained within fifty (50) feet of the top of bank of Deer Creek or Shady
Grove Creek , measured horizontally, on both banks (as applicable) of the
stream as measured from the top of the stream bank. For all other natural
watercourse depicted on the most current United States Geological
Survey (U.S.G.S.) 7.5 Minute Series (Topographic) Maps for the City of
Webster Groves, Missouri , an undisturbed natural vegetative buffer shall
be maintained for twenty-five (25) feet, measured horizontally, on both
banks (as applicable) of the stream as measured from the top of the
stream bank.
b. Permanent vegetation and existing ground elevations and grades within
the above-mentioned buffer areas shall be left intact and undisturbed
except as permitted below.
c. If no top of bank is apparent, the ten-year, 24-hour or 15-year, 20-minute
water surface elevation as determined by the Flood Insurance Study for St
Louis County Missouri and incorporated areas dated August 2, 1995 as
amended, will determine the top of bank.
d. The top of bank and the buffer area shall be depicted on the grading plan.
e. Any permit applications for property requiring buffers and setbacks
hereunder must include the following:
1. A site plan showing:
A. The location of all streams on the property;
B. Limits of required stream buffers and setbacks on the
property;
C. Buffer zone topography with contour lines at no greater than
five (5) foot contour intervals;
D. Delineation of forested and open areas in the buffer zone;
and
E. Detailed plans of all proposed land development in the buffer
and of all proposed impervious cover within the setback.
2. A description of all proposed land development within the buffer
and setback; and
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3. Any other documentation that the City of Webster Groves
Department of Planning and Development may reasonably deem
necessary for review of the application and to insure that the
Stream Buffer Protection Regulations are addressed in the
approval process.
f. All buffer and setback areas must be recorded on the final plat of the
property following plan approval. A note to reference the vegetated buffer
shall state: "There shall be no clearing, grading, construction or
disturbance of vegetation except as permitted by the Stream Buffer
Protection Regulations.”
83.060. Administration and Enforcement.
a. Building Commissioner: The Building Commissioner shall have the
authority and responsibility to ensure that no unauthorized activity will take
place within the buffer areas as outlined in this Chapter.
1. Coordination with Coordination With Other Departments:
Whenever in the enforcement of this Chapter or any other code or
ordinance, the responsibility of more than one department of the
jurisdiction is involved, it shall be the duty of the respective
departments involved to coordinate their inspections and
administrative orders as fully as practicable s that the owners and
occupants of the land shall not be subjected to visits by numerous
inspectors or multiple or conflicting orders. Whenever an inspector
from any agency or department observes an apparent or actual
violation of some provision of some law, ordinance or code not
within the inspector’s authority to enforce, the inspector shall report
the findings to the department having jurisdiction.
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b. Rule-making authority: The Building Commissioner shall have the authority, as
necessary in the interest of public health, safety and general welfare, to adopt
and promulgate rules and regulations to interpret and implement the provisions of
this Chapter, in order to secure the intent thereof, and to designate requirements
applicable because of local conditions. Such rules and regulations shall not have
the effect of waiving requirements specifically provided for in this Chapter or of
violating accepted engineering practices involving the purpose of this Chapter.
c. Administration and enforcement: The Building Commissioner may delegate
responsibility for the administration and enforcement of the provisions of t his
Chapter to other agencies including but not limited to the Department of Planning
and Development of the City of Webster Groves, the Department of Public Works
of the City of Webster Groves, the Department of Finance of the City of Webster
Groves, and the Department of Parks and Recreation of the City of Webster
Groves.
d. Variance Procedures
1. The Board of Adjustment as established by the City of Webster Groves
shall hear and decide appeals and requests for variances from the
requirements of this Chapter .
2. The Board of Adjustment shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by
the Building Commissioner in the enforcement or administration of this
Chapter.
3. Any person aggrieved by the decision of the Board of Adjustment or any
taxpayer may appeal such decision to the Circuit Court as provided in
R.S.Mo. 1969, as amended.
4. Requests for variances shall be based on the following: When, by reason
of exceptional narrowness, shallowness, or shape of a specific piece of
property as of September 20, 1956, or by reason of exceptional
topographical conditions or other extraordinary or exceptional situation or
condition of a specific piece of property, which condition is not generally
prevalent in the neighborhood, the strict application of the area
regulations of these Stream Buffer Protection Regulations would result in
peculiar and exceptional practical difficulties to or exceptional and undue
hardship upon the owner of such property.
Section 83.070. Violations.
a. Unlawful acts: It shall be unlawful for any person, firm, corporation or
other entity to perform any activities, or cause or allow same to be done in
conflict with or in violation of any of the provisions of this Chapter.
b. Notice of Violation: W hen the Building Commissioner determines that a
violation of this Chapter exists, the Building Commissioner shall notify the
violator. The notification shall be in writing and shall be delivered to the
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violator or their legally authorized representative or mailed to their last
known address via first class mail postage prepaid. Any person having
been so notified that a violation exists and who fails to abate the violation
within ten (10) days after said notification, shall be subject to the penalt ies
enumer ated in d. below.
c. Prosecution of Violation: If the violator does not abate the violation
within ten days of notification as set forth in b. above, the Building
Commissioner shall request the City Attorney to institute the appropriate
proceeding at law or in equity to restrain, correct or abate such violation.
d. Violation, Penalties: Any person, firm, corporation or other entity who
shall violate any provision of this Chapter, or who shall fail to comply with
any of the requirements herein, or who shall perform work in violation of
this Chapter, or any directive of the Building Commissioner, or of a permit
or certificate issued under the provisions of this Chapter, or who shall start
any work requiring a permit without first obtaining a permit therefore, or
who shall continue any work in or about the area protected by the Stream
Buffer Protection Regulations after having been served a stop-work order,
except for such work which that person, firm or corporation has been
directed to perform to remove a violati on or unsafe condition, or any
person who commits, takes part or assists in any violation of this Chapter
or who maintains any property on which such violation shall exist, shall be
guilty of a violation, punishable by a fine of not more than one thousand
dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days, or
both such fine and imprisonment. Each day that a violation continues shall
be deemed a separate offense.
e. Abatement of violation: The imposition of the penalties herein prescribed
shall not preclude the City Attorney from instituting appropriate action to
prevent unlawful construction or to restrain, correct or abate a violation, or
to prevent illegal use of a property or to stop an illegal act.
f. Stop Work Order: Upon notice from th e Building Commissioner that work
on any property is being prosecuted contrary to the provisions of this
Chapter or in an unsafe and dangerous manner, such work shall be
immediately stopped. The stop work order shall be in writing and shall be
posted on th e property, or given to the owner of the property involved, or
to the owner's agent, or to the person doing the work; and shall state the
conditions under which work will be permitted to resume. Where an
emergency exists, the Building Commissioner shall n ot be required to give
a written notice prior to stopping the work.
g. Unlawful Continuance: Whenever a stop work order has been issued as
provided herein, the owner or the person performing such work shall
immediately stop such work. Any person, who shall c ontinue any work in
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or about the property after having been served with a stop work order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be subject to penalties as specified in
Section 83.060 d. of this Chapter.
(Ord. No. 8813, § 1, 10-15-2013)